By Elena Bilheimer, EcoNews Journalist
With Help from Tom Wheeler and Matthew Simmons from EPIC
Here at the NEC, we receive many questions from community members and local residents regarding the logging practices of private companies. We asked local experts Matt Simmons and Tom Wheeler from EPIC to help us answer some of the common questions we receive in order to provide a brief overview of what people can do when logging begins on private property next to their house. Unfortunately, impacting these practices is a difficult and complex topic, but understanding more about the process can hopefully help everyone better advocate for themselves.
What exactly is a Timber Harvest Plan (THP)?
A THP is a document that must be submitted to the state when a company wants to log on private land. These plans contain information about the kinds of logging methods and harvesting methods that will be used, in addition to information about the location and class of watercourses in the THP area. THPs are prepared by a Registered Professional Forester (RPF) and are considered the functional equivalent to an Environmental Impact Report under CEQA. This means that THPs are “supposed to evaluate all of the potential direct and cumulative impacts that might occur as a result of the logging plan and to implement any feasible measures which would reduce this impact to a level of insignificance,” according to EPIC.
Who needs to file a THP?
A THP is required for all timber operations unless those operations fall under some kind of exception (like a fuel break or a non-industrial timber harvesting plan).
Who reviews and approves THPs?
CAL FIRE is the lead agency that is charged with reviewing each THP. Other agencies, including the California Department of Fish and Wildlife, the California Regional Water Quality Control Board, the California Geological Survey, and each county’s planning commission are also involved in the process. These processes are regulated by the 1973 Z’berg-Nejedly Forest Practice Act, which established the Forest Practice Rules (FPRs) and a politically-appointed Board of Forestry that oversees their implementation.
What determines whether a THP is approved or not?
According to EPIC, a plan shall be disapproved if it would cause “‘significant, long-term damage’ or cause a ‘taking’ of a threatened or endangered species or if it would cause irreparable harm to rare or endangered plant species (see Title 14, California Code of Regulations, 898.2 of the FPRs).” Although this may sound promising, 99 percent of the THPs that are submitted are approved by CAL FIRE.
Other public agencies can make suggestions for mitigations, but ultimately it is up to CAL FIRE to determine whether to take them into account or proceed with the approval process. Sometimes CAL FIRE will encourage submitters to withdraw and change a THP that is not up to standards, “but most often a new THP is submitted and approved in its place which covers the exact same area and only differs from the original plan by small, cosmetic changes,” states EPIC.
If someone finds out that logging is set to start on private lands in their neighborhood, how do they find out more information?
The website caltrees is a good option for finding plans that are under consideration, allowing people to search for plans by name, by number, or by watershed. For already approved THPs, Calwatershed mapper is the best option.
What is the important information to look for in a THP?
Simmons pointed out that it’s important to check for the number of acres of harvest, silvicultural method, the last year that they entered that area, any discussion of impacts to endangered species. In a previous article for EcoNews, Wheeler wrote that “Sections II and IV of a THP are the most useful to identify potential issues, if you are time-limited. Look for answers to basic questions, like: Is the THP in an area with endangered species? If so, what is being done to mitigate impacts? Are there unstable slopes? Will new roads need to be punched in?”
Are there general rules about when logging can happen and where (proximity to streams, grades of hillside, etc.)?
“Logging generally can’t occur when the ground is wet,” said Simmons. “So, logging is less likely in the ‘wet weather period’ between November and April (but if there is no rain then they can still log). Logging is also not allowed during northern spotted owl (NSO) breeding periods if NSO were identified during the surveys. In terms of location, there are rules about logging close to riparian areas, particularly streams that flow into watersheds that contain anadromous fish.”
How do you complain about a THP?
Once a plan has been submitted, neighboring landowners are supposed to receive notification. There is then a period for public comment.“Every member of the public has the right to file comments on THPs (similar to other CEQA documents),” said Simmons. “CAL FIRE is required to respond to your comments. If you believe that their response was inadequate, you can file a lawsuit challenging the approval of the THP. Doing so is quite expensive and risky (the THP may very well still be approved anyway).” Wheeler suggested in the previous EcoNews article that, “Effective comments will point out logical inconsistencies, missing or abused science, or other considerations that may not have made it into the analysis.”
How do we impact these practices?
Influencing logging on private land is tricky, but there are organizations and advocates working to improve private forestry. EPIC has a newsletter you can sign up for on its website (www.wildcalifornia.org) that informs community members about issues in California private forestry and what it’s doing to fight back. There is also a California State Forest Committee headed by Karen Maki as part of the Sierra Club that focuses on changing the regulatory regime at the Board of Forestry.
Resources:
- www.wildcalifornia.org/how-to-find-a-thp
- www.wildcalifornia.org/post/an-explanation-of-the-timber-harvest-plan-process